Aguilera, 30, was a passenger in a car driven by boyfriend Matthew Rutler that was pulled over at 2:45 a.m. when deputies noticed the vehicle driving erratically. Both were booked, Aguilera for public intoxication, Rutler for DUI.

"She was not capable to taking care of herself. She was incapacitated," says Whitmore. "She was cooperative. She was not belligerent in any way whatsoever. She was just intoxicated."

By law, a person can be held in custody if they cannot take care of themselves, he says.

"As she got better, she just said, 'I would like to leave,'" says Whitmore, and deputies granted her request.